Recently, the first sound mark application in China was published after preliminary examination. It is the first sound mark approved for registration. The sound is the beginning music of the broadcasting program of China Radio International. By the end of January, 2016, the Trademark Office of the State Administration for Industry & Commerce (hereinafter the Trademark Office) has received 450 applications for sound marks since the Trademark Office started to receive applications for sound marks on May 1st 2015,.
The Trademark Law revised in 2013 brings sound marks into the scope of registration, wherein article 8 regulates that an application may be made to register as a trademark, including any word, device, any letter of the alphabet, any number, three-dimensional symbol, color combination and sound, or any combination thereof, that identifies and distinguishes the goods of a natural person, legal person, or other organization from those of others. Meanwhile, article 13 also makes specific requirements for the application and registration of sound marks.
For purpose of examining the sound marks, the Trademark Office issued the Standards for Formal and Substantial Examination (Trial) on the basis of experience of foreign examinations on sound marks.
